JUDGMENT

Bhaskar Bhattacharya, C.J.

1. These two Special Civil Applications were heard analogously as common questions that arise for determination are (i) whether Rules 5(A)(ii) and 5(2) of the Gujarat Professional Medical Education Courses (Regulation of Admission and Payment of Fees) (Amendment) Rules, 2014, ("the Medical Admission Rules", hereafter) are illegal and ultra vires the Constitution of India insofar as it makes a student of Gujarat origin and domicile of Gujarat ineligible from getting admission in the professional courses such as M.B.B.S/B.D.S. etc., and (ii) whether a direction should be given to the State of Gujarat to consider the question of effecting change in the eligibility criteria provided in Rule 5(2) of the Medical Admission Rules in conformity with the change in the eligibility criteria effected in Rule 5(2) of the Engineering and Technology (Regulation of Admission and Payment of Fees) Rules, 2013 ("the Engineering Admission Rules", hereafter) with respect to children of Defence and Armed Forces Personnel of Gujarat origin, declaring that different eligibility criteria for admission into Medical, Dental and Para Medical Courses after Standard XII is discriminatory, arbitrary, and violative of Art. 14 of the Constitution of India, and therefore, illegal and unconstitutional. The sum and substance of the grievance of the petitioners in these writ applications are that although they belong to the State of Gujarat, in view of the fact that their respective fathers are in the defence service and transferable in their job throughout India, and by reason of such transfer, they have been compelled to study in Class XI and XII in schools situated outside the State of Gujarat, they cannot be held ineligible for admission in Medical and Paramedical Courses in the State of Gujarat, particularly when a person situated in the same position is eligible for admission in the Engineering Courses in the State of Gujarat.

2. So far as the question of striking down the provisions contained in the Rules for admission to M.B.B.S./B.D.S./B.P.T./B.A.M.S./B.H.M.S./ B.Sc. Nursing/B.P.O./B.O./B.O.T./B. Nat./B.A.S.L.P. in the institutions in the State of Gujarat is concerned, in the past, this very Division Bench has specifically held that the aforesaid provisions of Rule 5(2) are not ultra vires any of the provisions of the Constitution of India, by giving a detailed judgment in the case of Vishakha D/o. Mahendra Patel v. State of Gujarat, reported in 2012 (0) GLHEL- HC-228087 : [2013 (1) GLR 11] and in the case of Sheetal Yeshwantkumar Parmar v. State of Gujarat, Special Civil Application No. 12163 of 2013 [reported in 2013 (3) GLR 2643].

3. In view of the above two decisions of this Bench, when these applications were sought to be moved, we pointed out to the learned Counsel for the petitioners that in view of the existence of two earlier judgments, these writ-applications should not be entertained. However, the grievance of the learned Advocates for the petitioners was that in those two matters, the attention of this Bench was not drawn to the fact that a person placed in similar situation is eligible for admission in Engineering Course in the State of Gujarat whereas he is not eligible for admission in Medical and Paramedical Courses, and it is for the State Government to explain what is the reason for such discrimination.

4. In view of the above submissions, we called upon the State- respondent to file affidavit only on the aforesaid question as to what was the basis of depriving the petitioners of the benefit of the Medical and Paramedical Courses whereas they are permitted to get admission in Engineering Courses in the State.

5. The respondent-State has, consequently, filed an affidavit-in-reply and the defence of the State may be summed up thus:

"(a) It is always permissible for the State Government to formulate differen